15 Case Summaries for ap gov't & Politics Contents
Constitutional Amendments and Supreme Court Precedents
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| Constitutional Amendments and Supreme Court Precedents − First Amendment to the US. Constitution “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof − 14 th Amendment to the US. Constitution “...nor shall any State deprive any person of life, liberty, or property, without due process of law − Pierce v. Society of Sisters (1925) Oregon had banned private school attendance in an effort to eliminate religious schools, and it required parents or guardians to send children to local public schools between the ages of eight and 16. The Society of Sisters, an order of nuns that cared for orphans and provided Catholic schooling, sued the state, arguing that the requirement to attend public schools violated the First Amendment’s protection for free exercise of religion. The Supreme Court ruled that the Oregon law was unconstitutional under the Due Process Clause of the 14 th Amendment, implicitly incorporating the right to religious liberty. The Court explained that, while the state has an important interest in providing public education, even that important objective must be balanced against the interests of parents in the free exercise of religion. As long as privately provided education would adequately prepare students, the state could not prevent religious parents or communities from educating students in private schools. − Prince v. Massachusetts (1944) Sarah Prince challenged her conviction under Massachusetts child labor laws that prevented boys under the age of 12 and girls under the age of 18 from selling any publications or other forms of merchandise in public places. Ms. Prince was a member of the Jehovah’s Witnesses a religious sect) and the aunt and guardian for nine-year-old Betty Simmons. While under Ms. Prince’s care, and with her knowledge, young Betty distributed religious literature on the street and accepted donations. The Supreme Court upheld the state law prohibiting the distribution of religious literature in a public place by a minor. The Court reasoned that a state’s generally applicable regulation to protect child welfare (a prohibition against child Wisconsin v. Yoder (1972) © 2018 Street Law, Inc. 71 labor) could override the parents free exercise of religion if there was a demonstrated threat to the child’s physical or mental health or to the public order. Download 0.6 Mb. Share with your friends:
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